Alone the employee dismissed on economic grounds may be given priority for re-employment, regardless of whether the dismissal is individual or collective.

Priority hiring also applies to an employee dismissed for economic reasons who has accepted a professional security contract (CSP) or a reclassification leave.

The priority of employment also concerns the employee whose employment contract is broken in the following situations:

• Voluntary departure plan against a backdrop of economic difficulties in the company
• Employment Protection Plan (ESP).

An employee dismissed on economic grounds shall be informed by his employer that he may be given priority for re-employment.

The employer must mention in the letter of dismissal the existence of the re-employment priority and the conditions for its implementation.

In the event of the employee's accession to the professional security contract (CSP), the rehire priority must be in the written document setting out the economic reason for the break-up.

It shall be handed over to the employee at the latest time of accession.

In order to benefit from the priority of re-hiring, the employee must apply to his former employer within the 1 year from the date of termination of his employment contract.

This period starts on date of termination of employment contract, i.e. termination of notice of dismissal, it doesn’t matter whether it’s done or not, or end of reclassification leave if any.

No formalism is imposed, but it is advises the employee to make his request in writing (e.g. e-mail or letter RAR: titleContent ).

Yes, the employer must inform employee who makes use of his right to re-hire priority, employment in the company that has become available and suitable with his qualification.

The employer informs the employee of the available position leading to a recruitment, and thenhiring.

This use must be compatible with the qualification which the employee possessed at the time of his dismissal.

It must also be compatible with the new qualification which the employee may have been able to obtain after his dismissal, if he has previously informed the employer.

No formalism is imposed, but it is advised the employer to inform the employee in writing (e.g. by letter RAR: titleContent or mail).

The employee is given priority for re-employment for 1 year.

That period shall start on the date of termination of the contract of employment, that is to say, on termination of notice of dismissal, it doesn’t matter whether it’s done or not, or end of reclassification leave if any.

Where several employees wish to benefit at the same time from the priority of re-hiring in the same position, the employer is not obliged to follow a specific order in order to make his choice.

The employer is free to choose the future employee according to the company's interest and according to criteria that he can define himself (e.g. seniority, competency, order of arrival on the application, etc.).

The employer who does not meet his obligations is subject to sanctions which vary according to the nature of the offense.